Planning Approval Just the Tip of the Iceberg 28/11/2007
The Institute of Strata Title Management (ISTM) welcomes Minister Sartor’s proposal to simplify the development applications process for the city’s growing number of ‘apartment dwellers’ as outlined in ‘Improving the NSW planning system’.
Attempting to streamline the process for building and planning approvals and as a result lower the cost of compliance for all.
However ISTM has two areas of concern – building standards, and private certifiers.
1. Improving Building Standards
The real issue at hand for apartment dwellers in NSW is poorly designed buildings. This is where action by the NSW Government could have the greatest effect.
ISTM has seen time and time again the impact of poorly designed buildings on consumers who have invested possibly their ‘life savings’ into their new apartment.
So while a step in the right direction, Minister Sartor’s plans don’t go far enough, and the ISTM calls for urgent action in this regard.
For instance, amendment of planning laws to meet current Australian Standards for noise and odour transmission between apartments would markedly improve the apartment living experience for NSW consumers.
These national standards have been developed for the benefit of all Australians, yet this government continues to deny consumers within NSW the benefit of these standards.
So, rather than merely facilitate a streamlined process, we call for an improvement in building standards. That alone will reduce conflict and save the government millions in reduced need for conflict resolution through arbitration and mediation.
Given that by 2030, more than 50% of greater Sydney will live in strata titled apartments, the time to act is now to ensure the quality of apartment stock for the future.
2. Local Councils vs Private Certifiers
ISTM has little confidence in Minister Sartor’s view that ‘private certifiers’ will have a far greater understanding of the complexities of legal issues and relationships within a strata building.
Local government already struggles to understand the complexities of both the Strata Schemes Management Act and the Strata Freehold Development Act, as they relate to DA’s lodged by individuals for renovations to strata titled apartments.
Under the proposed model, the private certifier appears to be paid by the apartment owner. But who protects the interests of the owners corporation that, under the legislation, is charged with responsibility for maintaining the fabric of the building?
In the case of installation of solar panels affixed to common property, does an individual apartment owner have the right to seek DA approval through a private certifier, without the input of the owners corporation?
This is where an independent, neutral body, such as a local council can look after the common interests of the owners of the building, not just the vested interests of the apartment dweller.
New South Wales Strata Management (formerly Gilmour Strata Management) commenced business in early 1991, as a member of the highly respected J A Gilmour & Sons group of companies. Licensed solely and specialising only in strata management services, the company has steadily grown to become one of the largest such organisations in New South Wales.
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